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APC (Scotland) > Landlord and Tenant > Flashcards

Landlord and Tenant Flashcards

1
Q

What are the types of agricultural tenancy you might expect to come across in Scotland?

A

1991 Act, SLDT, MLDT, LDT, repairing tenancy, seasonal grazing or mowing lease

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2
Q

What are the four (or five) fundamental elements of a lease?

A

Landlord and tenant, term, subjects and consideration (or ish)

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3
Q

How long should the term be for a grazing or mowing lease?

A

A maximum of 364 days

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4
Q

What happens to a grazing lease if the tenant does not remove after 364 days?

A

It converts to an SLDT

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5
Q

Can a landowner retain BPS entitlements over land that is let to a grazing tenant?

A

Yes

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6
Q

Can other activities such as breeding or storage take place on a grazing let?

A

No. The landlord must monitor the tenant’s activities and object to anything like this in a reasonable timeframe, otherwise there is risk that the tenancy will convert to an SLDT.

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7
Q

How long must the break be between consecutive grazing leases to the same tenant on the same land?

A

One day

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8
Q

What causes a grazing lease to become an SLDT?

A
  1. If the tenant stays in occupation
  2. If the landowner does not object
  3. If the tenant pays rent for the subsequent period
  4. If the landowner accepts the rent
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9
Q

When should a notice to quit be served on an agricultural tenancy?

A

Not less than one year and no more than two years before the date of termination.

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10
Q

Under what grounds might a Landlord be able to terminate a 1991 Act tenancy?

A
  1. If you owe more than 6 months of rent
  2. If the tenant is not farming the holding in line with the rules of good husbandry
  3. If the landlord wants to use the land for something other than farming, and planning has been granted
  4. If the tenant has become insolvent
  5. If the tenant has breached a clause of the tenancy which cannot be reasonably remedied.
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11
Q

Under what circumstances can an agricultural tenant withhold rent?

A

If the landlord is not complying with their repairing responsibilities.

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12
Q

Can a tenant use their land for non-agricultural purposes? Which Act governs this?

A

Yes, the Agricultural Holdings Act 2003 introduced this. The tenant must serve a ‘notice of diversification’ not less than 70 days in advance.

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13
Q

If a traditional tenancy is converted to an LDT or MDLT, what is the minimum term?

A

25 years

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14
Q

What must a tenant to in order to have right to buy under a 1991 Act tenancy?

A

Register their interest before the land is put up for sale.

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15
Q

Under which agricultural tenancies does the tenant have right to buy?

A

Traditional (1991 Act) tenancy only.

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16
Q

What Act introduced the Short Limited Duration Tenancy (SLDT)?

A

Agricultural Holdings (Scotland) Act 2003

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17
Q

Under which tenancies is assignation permitted?

A

1991 Act tenancy, LDT and MLDT

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18
Q

Under which tenancies is subletting allowed?

A

1991 Act, LDT and MLDT - only if permitted by the landlord.

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19
Q

What duration can a SLDT be for?

A

Not more than 5 years

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20
Q

What happens if a tenant remains in occupation for more than 5 years under an SLDT?

A

It converts to an MLDT

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21
Q

Is diversification permitted under an SLDT?

A

No

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22
Q

Under which tenancy can the landlord contract out of repairing/replacing fixed equipment?

A

Modern Limited Duration Tenancy

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23
Q

What are the landlord and tenant responsibilities in relation to fixed equipment under agricultural tenancies?

A

Both must agree a schedule of fixed equipment specifying what will be provided by the landlord and the condition of this.

Landlord: to renew/replace the fixed equipment as may be necessary due to natural decay and fair wear and tear

Tenant: to maintain the fixed equipment in as good a state of repair per the condition in the schedule.

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24
Q

What compensation is payable by the landlord to the tenant at termination, under the limited duration tenancies?

A

Compensation for tenant’s improvements

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25
Q

What are the three main categories of tenant’s improvements?

A

Part I - Improvements For Which Consent Required
Part II - Improvements of Which Notice Required
Part III - Improvements for which no notice or consent required

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26
Q

What is a Part I tenant’s improvement? List some examples:

A

Improvements For Which Consent Required:

Laying down permanent pasture
Irrigation works
Planting orchards or fruit bushes
Making embankments or sluices against floods
Making of gardens

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27
Q

What is a Part II tenant’s improvement? List some examples:

A

Improvements of Which Notice Required:

Erection or alteration of buildings
Land Drainage
Construction of silos
Works to dwellings
Provision of means of storing silage
Reclaiming of waste land
Making or removal of permanent fences, including hedges and stone dykes

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28
Q

What is a Part III tenant’s improvement? List some examples:

A

Improvements for which no notice or consent required:

Chalking of land
Clay burning
Claying of land
Liming of land
Marling of land
Eradication of bracken, whins or broom
Removal of tree roots, boulders, stones etc.
Application of soil improvers, conditioners, digestates, manure etc.

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29
Q

What might landlord’s be able to claim against the tenant for at waygo?

A

Dilapidations

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30
Q

Give some examples of fixed equipment

A

Farm buildings
Residential dwellings
Fences, hedges, dykes, gates
Ditches, drains, culverts, ponds, flood banks
Fanks, folds, dippers, pens
Farm access roads, bridges and fords
Water and sewage systems
Shelter belts

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31
Q

What act introduced the Modern Limited Duration Tenancy?

A

Land Reform (Scotland) Act 2016

32
Q

What legislation introduced the Limited Duration Tenancy (LDT)?

A

Agricultural Holdings (Scotland) Act 2003

33
Q

What was the purpose of introducing the MLDT?

A
  1. to allow both parties greater flexibility to negotiate aspects of the lease
  2. the new entrants to farming break clause
  3. the repairing tenancy
34
Q

How long must there be between agricultural rent reviews?

A

3 years

35
Q

What determines the minimum standard private rented housing must meet before it is let out?

A

The repairing standard

36
Q

What duration is a LDT or MLDT for?

A

Minimum of 10 years

37
Q

What introduced the repairing tenancy?

A

Land Reform (Scotland) Act 2016

38
Q

When must a rent review notice be served? Agri

A

Not less than one year and no more than two years prior to the ‘rent agreement date’

39
Q

What should a rent review notice for an agricultural tenancy include?

A

the names of both parties
the address of the holding
the current rent payable
the rent the person serving notice proposes
the date at which the parties must reach agreement (‘rent payable date’)
accompanying information explaining the basis of calculation for the rent proposed

40
Q

When must a rent review be referred to the Land Court if no agreement can be made between the parties?

A

Prior to the ‘rent agreement date’

41
Q

In an agricultural rent review, when will the new rental value take effect?

A

From the ‘rent agreement date’

42
Q

What factors should be regarded in an agricultural rent review?

A

Open market rent i.e. other holdings rental values
The current economic conditions in the relevant sector
Any increase in rental value resulting from use for non-agricultural purpose
Improvements carried out by the landlord

43
Q

Give some examples of what should not be regarded in agricultural rent reviews

A

changes to rent values due to scarcity of lets
Improvements carried out at the tenant’s expense
effect on the rent due to the face the tenant is in occupation
High farming
Reductions due to dilapidations, using the land for non-agri purposes or conservation activities

44
Q

Who can initiate an agricultural rent review?

A

A landlord or a tenant

45
Q

When must the rent agreement date take place?

A

In a 1991 act tenancy: on the anniversary of the termination date of the original lease.
In a fixed duration tenancy: on any date unless the lease states otherwise.

46
Q

When did Private Residential Tenancies (PRT’s) come into force?

A

December 2017

47
Q

What might you use to draft a PRT agreement?

A

The Scottish Government’s model tenancy

48
Q

What key changes did the PRT introduce?

A

no fixed terms
restriction on rent increases
longer notice period (84 days) for landlord to evict (tenant in flat for more than 6 months)
simpler notice procedures
model tenancy agreements

49
Q

Which act introduced Private Residential Tenancies?

A

Private Housing (Tenancies) (Scotland) Act 2016

50
Q

Explain the difference between mandatory and discretionary grounds of eviction in a PRT

A

If mandatory grounds are proven, the tribunal must grant an order for eviction. If discretionary grounds are proven, the tribunal need to decide whether eviction is reasonable on a case-by-case basis.

51
Q

What is the name of the tribunal for Scottish property matters?

A

First-tier Tribunal for Scotland (Housing & Property Chamber)

52
Q

Which act introduced Assured and Short Assured tenancies?

A

The Housing (Scotland) Act 1988

53
Q

What length is a Short Assured Tenancy?

A

Fixed length, no less than 6 months

54
Q

What special notice is served to a tenant to enter a Short Assured Tenancy?

A

An AT5 form

55
Q

How long does the landlord have to register a tenant’s deposit in a tenancy deposit scheme?

A

30 days

56
Q

What happens if an AT5 is not served prior to a Short Assured Tenancy?

A

It becomes an assured tenancy

57
Q

What happens to an SAT if neither party serves notice at the end of the tenancy?

A

It renews again for the same period, unless otherwise stated in the tenancy agreement - TACIT RELOCATION

58
Q

How can a landlord recover possession on a short assured tenancy?

A

Serve a two month notice under section 33 of the Housing (Scotland) Act 1988

59
Q

Can anybody just let out a property they own?

A

No they must be registered on the landlord register

60
Q

What’s the process of carrying out a rent review of a residential property? PRT

A

Your landlord can put your rent up any time in the first year of your tenancy, and once every 12 months after that.

They must send you a rent-increase notice at least 3 months in advance of the change.

61
Q

Why carry out an application process for tenancies?

A
62
Q

What is the process of preparing a PRT?

A
63
Q

What’s the process of assigning a crofting tenancy?

A

Assignation - Section 8 of the Crofters (Scotland) Act 1993

Assignation is the term used to describe the transfer of a croft tenancy. Landlord must be informed and an application must be submitted to the Crofting Commission for them to approve

64
Q

Can a landlord stop this?

A

Landowners have very little control over how the croft land is used as they have very little say over the assignation of crofts and have no rights at all to carry out any agricultural activity on land where there is a crofting tenant.

65
Q

What was the process of preparing a ROC for the LDT you’ve had involvement with?

A

Inspecting the whole farm, documenting photographs and taking note of the conditions of the fixed equipment. Full detailed report to the client and new tenant within 6 months of signing the lease

66
Q

Was this part of the lease?

A

Yes

67
Q

A landlord asks you to terminate a 91 act tenancy – what do you do?

A

landlord can only evict before the end of tenancy if either:
you owe at least 6 months’ rent
you’ve gone bankrupt
you’ve broken a specific term of your tenancy agreement, sometimes called an irritancy clause
LL must give a notice to quit

At the end of fixed term
Your landlord must send you a valid notice to quit. They must give you between 1 and 2 years’ notice. Your landlord can only evict you for specific reasons, called grounds.

For a notice to quit to be valid, it must include:
the correct date, which must match the end date of your tenancy agreement
a valid ground for eviction
The eviction grounds are:
you have rent arrears
you’ve broken a term of your tenancy agreement
you’ve become bankrupt
the lease is for permanent pasture or grassland, and the fixed term is coming to an end
your landlord wants to use the land for something other than agriculture, and planning permission has been granted
the land court has stated within the last 9 months that you’ve not been farming the land properly
you inherited your tenancy from someone other than your parent or your spouse

68
Q

When working on the HoTs on behalf of a wind developer – what is needed to be included?

A

Name of both parties, tenant and developers obligations, option fee, rent fees, what the interested land is, plan

69
Q

Property inspections – how do you arrange this?

A

Get in contact with the tenant and arrange a date to visit, must give a min of 48 hours notice, carry out risk assessment

70
Q

Why was the gutter and slate repairs essential?

A

Prevents further water damage, maintains roof integrity, prevents potential costly repairs

71
Q

Tenant wants to end SAT

A

Must give 40 days written notice

72
Q

How do you end an SLDT?

A

The act doesn’t speculate a notice period

73
Q

Termination of MLDT?

A

Two stage notice
1. intention to quit between 2 and 3 years
2. notice to quit between 1 and 2 years
these notices must be no more than 90 days apart

tenant gives written intention to quit between 1 and 2 years

74
Q

Termination of LDT?

A

Notice Period: Either party must give written notice at least one year before the end of the agreed term.

Expiration of Term: The LDT automatically ends when the agreed fixed term concludes unless an extension is negotiated.

Early Termination: Possible in cases of breaches or by mutual agreement.

75
Q

Tenants amnesty and waygo

A

2017 lasted 3 years, allowed for farmers of 91 act tenancies to get compensation for their tenants improvements.

waygo - the calculation of the improvements at the end of tenancy

76
Q

consequences of not following the tolerable standard as a landlord

A
  1. Enforcement by Local Authorities: Local councils can issue a work notice requiring the landlord to bring the property up to standard.
  2. Legal Action: Tenants can seek action through the courts or tribunals.
  3. Rent Restrictions: Landlords may be prevented from collecting rent until the property meets standards.
  4. Risk of Tenant Claims: Tenants may claim compensation for distress or financial loss.
77
Q

consequences of not following the repairing standard as a landlord

A
  1. Tenant Complaints: Tenants can report the landlord to the First-tier Tribunal for Scotland (Housing and Property Chamber), which can issue enforcement orders.
  2. Rent Penalties: The tribunal may reduce or freeze rent payments until repairs are made.
  3. Fines: The tribunal can impose financial penalties for non-compliance.
  4. Tenant’s Right to Repairs: Tenants may carry out repairs and deduct the costs from rent under certain circumstances.

APC (Scotland) (9 decks)

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